At a glance
| Parameter | Detail |
|---|---|
| Can traders register? | Yes, under NIC divisions 45, 46 and 47 |
| Since | Office Memorandum No. 5/2(2)/2021-E/P and G/Policy dated 2 July 2021 |
| RBI circular | FIDD.MSME and NFS.BC.No.13/06.02.31/2021-22 dated 7 July 2021 |
| Purpose of the recognition | Priority sector lending |
| Delayed payment protection | Not available on the same footing as manufacturers and service providers |
| Section 43B(h) exposure for buyers | Contested where the supplier is a pure trader |
| Practical effect | Credit access yes, payment enforcement no |
| What to do | Check whether any part of your activity is manufacturing or service |
The short answer, and the long one
Yes, a trading business can register on Udyam. The Ministry of MSME decided this by Office Memorandum No. 5/2(2)/2021-E/P and G/Policy dated 2 July 2021, and the Reserve Bank gave effect to it for banks by circular FIDD.MSME and NFS.BC.No.13/06.02.31/2021-22 dated 7 July 2021. It covers NIC divisions 45, 46 and 47.
The longer answer is that registration and protection are two different things. The Office Memorandum is explicit that retail and wholesale trade are included as MSMEs for the limited purpose of priority sector lending. A trader therefore gets the credit access side of MSME status. The payment enforcement side is a different question.
Why the payment provisions read differently
Sections 15 to 24 of the MSMED Act are built around a supplier, and the definition operates around enterprises supplying goods they manufacture or services they render. A business that buys finished goods and resells them without transformation does not sit comfortably inside that framing.
The consequence is direct. A trading enterprise holding a valid Udyam certificate can still be told that a reference under Section 18 is not maintainable, and a buyer can argue that Section 43B(h) of the Income-tax Act, and its counterpart Section 37(2)(g) of the Income-tax Act, 2025, does not apply to amounts payable to it.
This is a live area rather than a settled one, and positions are taken on both sides. What is not sensible is to build a credit policy on the assumption that a trading Udyam certificate carries the same enforcement rights as a manufacturer's.
Priority sector lending classification, which affects how banks treat the exposure
- CGTMSE guarantee cover, with retail and wholesale trade now aligned with manufacturing and services for this purpose
The check worth doing
Many businesses that describe themselves as traders are doing more than trading. Packing, labelling, assembly, kitting, sorting and grading, or any process that changes the goods, may amount to manufacturing. Providing installation, after-sales service or technical support is a service activity.
If any meaningful part of your turnover comes from such activity, it should carry its own NIC code on the Udyam registration. That is not a device. It is an accurate description of what the enterprise does, and it changes which provisions you can rely on.
Can a wholesale trader get Udyam registration?
Yes. Wholesale trade under NIC division 46 is registrable on Udyam, as is retail trade under division 47 and motor vehicle trade under division 45. The recognition has applied since July 2021. What the registration then gives a trader is oriented to credit access and procurement rather than to payment enforcement, which is the distinction most published summaries skip over.
Does a trader get the 45-day payment protection?
Not on the same footing as a manufacturer or service provider. The delayed payment provisions are framed around enterprises supplying goods they manufacture or services they render, so a purely trading enterprise should take advice before relying on Section 18.
Does Section 43B(h) apply to payments made to a trader?
This is contested. The provision applies to amounts payable to a micro or small enterprise as defined for the delayed payment provisions, and buyers frequently take the position that a pure trader falls outside it. Both buyer and supplier should get a fact-specific view.
Can a trader get a CGTMSE-backed loan?
Retail and wholesale trade activities have been brought into alignment with manufacturing and services for guarantee cover purposes. Eligibility in a specific case still depends on the lending institution's policy, so confirm with your bank before planning around it. It is worth raising the trade classification explicitly at the first meeting with the bank rather than discovering the position after the appraisal has begun.
I both manufacture and trade. What should I register?
Both, with a separate NIC code for each activity, and the one earning the larger share of turnover as the primary code. An accurate split matters because your rights under the delayed payment provisions attach to the manufacturing or service side.
About the author
CA & CS Team
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